Case Note & Summary
The Bombay High Court at Nagpur disposed of two writ petitions filed by Chota Gondia Education Society and its Principal challenging the judgment and order of the School Tribunal dated 15/2/2011. The Tribunal had allowed the appeals of the respondent teachers, Dilip Kathane and Jaganlal Sawalakhe, who were appointed as Shikshan Sevaks on 13/10/2000, and directed the management to reinstate them in the Junior College with continuity of service and back wages, along with compensation of Rs.5,000 and costs of Rs.1,000. The management argued that the teachers were Shikshan Sevaks and not entitled to reinstatement, and that the compensation awarded was excessive. The High Court held that the termination of the teachers without prior approval of the Deputy Director of Education was void ab initio under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The Court found that the School Tribunal had correctly applied the law and that reinstatement is the normal rule for illegal termination. The Court dismissed both petitions, upholding the Tribunal's order of reinstatement with continuity of service and back wages, and confirmed the compensation and costs awarded.
Headnote
A) Service Law - Termination of Shikshan Sevak - Prior Approval - Sections 5 and 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) - Termination of a Shikshan Sevak without prior approval of the Deputy Director of Education is void ab initio - The School Tribunal correctly held that the management's failure to obtain prior approval rendered the termination illegal and directed reinstatement (Paras 2-4). B) Service Law - Reinstatement - Normal Rule - Sections 5 and 7 of the MEPS Act - Reinstatement is the normal rule for illegal termination, and the Tribunal's order of reinstatement with continuity of service and back wages was proper - The compensation of Rs.5,000 and costs of Rs.1,000 awarded by the Tribunal were in addition to reinstatement, not in lieu thereof (Paras 4-5). C) Service Law - Jurisdiction of School Tribunal - Shikshan Sevak - MEPS Act - The School Tribunal has jurisdiction to entertain appeals against termination of a Shikshan Sevak, as the MEPS Act applies to all employees of private schools, including Shikshan Sevaks - The Tribunal's order directing reinstatement was within its powers (Paras 2-4).
Issue of Consideration
Whether the School Tribunal was justified in ordering reinstatement of the respondent teachers who were appointed as Shikshan Sevaks and whose services were terminated without prior approval of the Deputy Director of Education, and whether the compensation awarded by the Tribunal was adequate.
Final Decision
Both writ petitions are dismissed. The judgment and order of the School Tribunal dated 15/2/2011 is upheld. The petitioners are directed to reinstate the respondent teachers in the Junior College with continuity of service and back wages, and to pay compensation of Rs.5,000 and costs of Rs.1,000 as awarded by the Tribunal.
Law Points
- Termination of a Shikshan Sevak without prior approval of the Deputy Director of Education is void
- Reinstatement is the normal rule for illegal termination
- School Tribunal has jurisdiction to order reinstatement even if the employee is a Shikshan Sevak
- Compensation in lieu of reinstatement is not justified when termination is void ab initio
